Tajinder Kaur Sivia

This motion concerned the approval of a sale process and transaction by The Fuller Landau Group Inc., acting as Receiver, for the Real Property owned by the Debtor, Chacon Strawberry Fields Inc. The Receiver sought approval for the sale, a vesting order, and an interim distribution to the first secured lender, First Source Financial Management Inc. The respondents (debtors) requested an adjournment and access to confidential sale information to facilitate a redemption, while a third-party (unsuccessful bidder) sought consideration of a late offer.

The court denied the respondents' and third-party's requests, finding their redemption plan insufficient and their attempts to interfere with the established sales process inappropriate.

The court granted the Receiver's motion in its entirety, approving the sale, vesting order, interim distribution, and a sealing order for commercially sensitive information, affirming the integrity and efficacy of the court-supervised sales process.

In this family law trial, the father sought sole decision-making and primary residence for both children, and child support.

The mother sought sole decision-making and primary residence for the younger child, K, and child support.

The court found the father's credibility strained due to inconsistencies, his refusal to cooperate, and his engagement in various forms of family violence.

The court determined the mother was more child-focused and better able to meet K's needs.

Consequently, the court granted the mother sole decision-making responsibility and primary residence for K. Child support for the older child (D) was terminated as he was not pursuing full-time education.

The father's income was imputed to minimum wage, and he was ordered to pay child support for K based on this imputed income.

Arrears were fixed at zero, balancing the parties' financial responsibilities.

The decision also set out specific parenting time for the father, travel arrangements, and a proportionate sharing of section 7 expenses.

The case involved a divorce trial addressing issues of divorce, sole decision-making, income imputation, child support, and equalization.

The court granted the divorce, imputed income to the Applicant at minimum wage due to intentional underemployment, and ordered significant retroactive child support.

The Respondent was granted sole decision-making authority for the children on most issues, with exceptions for emergency and international travel.

The court also addressed equalization claims, including a disputed Nigerian property and a $15,000 payment, ultimately ordering a small equalization payment from the Respondent to the Applicant.

Costs were ordered to be borne by each party due to divided success and credibility issues.

The plaintiff brought a motion to strike the defendants' statement of defence in an action for a construction debt and breach of trust.

The defendants failed to produce a proper affidavit of documents, failed to attend scheduled examinations for discovery, and offered no credible commitment to remedy their non-compliance over the course of a year.

Applying the principles from Falcon Lumber, the court found the defendants' non-compliance to be deliberate, material, and unequivocal.

The court exercised its discretion to strike the statement of defence and awarded the plaintiff costs thrown away.

The Applicants, 99% owners of a condominium unit, sought an order for partition and sale of the property under the Partition Act due to their elderly age, poor health, and financial burden.

The Respondent, their daughter and 1% owner, opposed the sale, citing personal hardship and her son's upcoming university studies.

The court affirmed the prima facie right to partition or sale, finding no oppressive conduct by the Applicants.

The application for sale was granted, with the Respondent's consent dispensed with, but no costs were awarded to the Applicants due to the personal upset and inconvenience caused to the Respondent and her children.